Terms and conditions
The detailed general terms and conditions of sale (or GTC) below govern the relationship between any Buyer and the company GET YOUR WAY. By signing the order form to which these conditions are annexed, the Buyer and the Seller accept the following general terms and conditions of sale. They are the only ones applicable through this agreement.
Article 1. Application of the general terms and conditions of sale
All agreements made by Get Your Way are subject to these general terms and conditions without exception. These general terms and conditions of sale are the only ones applicable and replace all other conditions, unless otherwise agreed in writing.
Article 2. Offer and order
2.1. Get Your Way's offers are valid for 30 days from their date of issuance. In the absence of acceptance by the buyer within the aforementioned period, they will automatically expire.
2.2. Any order signed by the buyer constitutes a firm commitment on their part and is fully due.
2.3. The price stated in the offer may be subject to revision in the event of an increase in raw materials or wage indexation.
2.4. Any modification to the order must be explicitly validated by the seller and can only be accepted if the buyer bears any additional costs related to the requested change. The buyer is also informed that any potential change implies additional deadlines that they must bear, without being able to make any claim to the seller. Verbal modifications are executed at the buyer's own risk.
2.5. The seller reserves the right to refuse or cancel any order or delivery in case of (i) existing disputes with the buyer, (ii) non-payment in full or in part of a previous order or (iii) refusal of payment authorization by banking institutions. In this case, the seller shall not be held responsible in any way.
Article 3. Delivery deadlines
3.1. Unless otherwise explicitly stated, delivery deadlines are given for informational purposes only. Any possible delay in the delivery date cannot be invoked to claim damages or to terminate the contract. However, if the delay exceeds 6 months or more, the Buyer has the right to cancel the purchase and claim a refund of up to 50% of the purchase amount.
3.2. If the execution of an Order needs to be carried out, at the request of the Buyer, within a specific timeframe that incurs additional costs, these will be added to the invoice.
Article 4. Delivery terms and transfer of risks
4.1. Delivery is made by the Seller (or a third party designated by the Seller) in the admitted delivery zones, according to the means of transport chosen by the Buyer and to the address provided by the Buyer.
4.2. The Buyer is solely responsible for the delivery data provided and must communicate any useful information. If the data provided by the Buyer to the Seller is incomplete and/or inaccurate, the Seller cannot be held responsible for the inability to deliver the Product and the Buyer cannot claim any refund. For deliveries taking place other than a private residence (office building, hotel, etc.), delivery is only guaranteed up to the reception/lobby.
4.3. If, for any reason (absence, incorrect address, etc.), the Buyer does not take delivery of the Product and the Product is returned to the Seller, the cost of the second delivery will be charged to the Buyer.
4.4. The transfer of risks to the Buyer takes place at the time of delivery. Each delivery is considered to have been made as soon as the Product is made available according to the delivery mode chosen by the Buyer. Proof of this availability will be materialized by the control system used by the carrier or by the Seller.
4.5. If, for delivery, the Buyer chooses to use a company other than the company designated by the Seller, the Buyer bears the costs and the responsibility to the complete discharge of the Seller. In this case, the risk will be transferred to the Buyer from the moment the Product is handed over to the chosen delivery company.
4.6. Once the material is delivered, the buyer has 5 working days to make any comments about the product. In the absence of return from the Buyer within the aforementioned period, the product is considered accepted in its current state by the Buyer.
Article 5. Contractual Liabilities
5.1. The seller's liability cannot be engaged in case of misuse of the Products by the Buyer. In addition, the seller's liability is excluded in case of damage caused jointly by a possible defect of the Products delivered and by the fault of the victim or a person for whom the victim is responsible.
5.2. The User remains solely responsible for the information processed via the Product. The Seller cannot guarantee that the transmission of data via the Product or other telecommunications systems is not monitored, recorded or distorted by third parties. The Seller shall not be liable for any loss and/or disclosure of information used by the Buyer via the Product.
5.3. In any case, the seller's liability under the General Terms and Conditions shall not exceed an amount equal to the sums paid or payable at the time of the transaction that gave rise to said liability, regardless of the cause or form of the action concerned.
5.4. Furthermore, the seller can only be held liable for direct damages caused to the buyer, excluding express intangible damage, commercial damage and loss of profit, resulting solely from non-compliance, irregular practices or negligence directly attributable to the seller.
Article 6. Warranty
6.1. Hidden defects are covered by the warranty for a period of one year, starting from the date of delivery of the product. Beyond one year, the legal warranty applies if the hidden defect existed at the time of delivery, and as long as it makes the product unfit for the purpose it is intended or significantly diminishes its use.
6.2. The customer must notify the hidden defect to the seller, by registered letter, as soon as possible, and in any case within 7 days from the date on which he discovered the defect or should have discovered it. The seller will decide, at its sole discretion, the most appropriate means to remedy the defects or non-conformity, whether it be a partial refund of the purchase price, replacement of the product, or termination of the sale, without the customer being able to claim any other compensation.
6.3. The warranty does not cover damages caused voluntarily or by negligence, and products showing signs of repair and/or modifications made by a third party not authorized by the seller; in addition, the warranty does not apply in cases where damage results from wear, transport, improper use and/or failure to comply with the instructions for use.
6.4. No application of the warranty can extend its duration.
Article 7. Force majeure
The seller shall not be held liable for non-performance and/or delay in the performance of any of its obligations (including orders and/or deliveries) due to force majeure events such as (but not limited to) total or partial disruption or strike, blockage of road access and transportation and/or communications, flooding, fire, accident, etc.
Article 8. Protection of Privacy in relation to Personal Data Processing
8.1. The Seller complies with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
8.2. The Seller processes the personal data of the Buyer for customer management, after-sales service, direct marketing, and compliance with legal obligations.
8.3. The Seller undertakes not to disclose these data to third parties. They are confidential. They will be used by its internal services only for processing Orders or in order to enhance and personalize communication, in particular by letters/emails of information.
8.4. The Seller therefore does not sell, market, or rent to third parties information concerning Buyers. In case of transfer or use by third parties of personal data, the Seller undertakes to inform the Buyer in advance in order to allow him to exercise his right of opposition. The Seller may also provide consolidated statistics relating to its Buyers, sales, exchange structure and information about the Site to trusted third parties, but these statistics will not contain any personal data. However, this article shall not prevent the transfer or transfer of activities to a third party.
In accordance with GDPR, the Buyer can request access to their personal data. They can also request the rectification or deletion of their data concerning them. They can exercise their right of deletion for the information concerning them by mail at the following address: Rue Englebert Lescrenier 43, 4340 Awans, Belgium or by email at the following address: email@example.com
8.6. The Seller cannot in any way be considered responsible for data processing carried out by the Buyer through the Product.
Article 9. Termination of Contract by the Customer
9.1. In the event of unilateral termination by the Buyer, without any fault being demonstrated, all the material already delivered will be invoiced at the agreed rate.
9.2. In addition, in the event of unilateral termination of any order by the Buyer prior to delivery, the Buyer shall be liable to the Seller, as a penalty for breach of contract, an amount equal to 70% of the ex-VAT selling price on the material already produced and 50% of the ex-VAT selling price on what remains to be produced.
9.3. Any termination of the contract must be made in writing and will only be valid once received by Get Your Way.
Article 10. Breach of contract
Each party shall have the right, after a formal notice that remains unheeded for 15 days, to terminate the contract by right in the event that the other party remains in default of the execution of all or part of its obligations, without prejudice to the right to claim damages and interest.
Article 11. Payment
11.1. The ordered material is invoiced at the end of each month unless otherwise agreed in writing.
11.2. Any claim related to the invoice must, to be valid, be submitted by registered letter, within 10 days from the date of issuance of the invoice.
11.3. Non-payment of an invoice on its due date automatically and without any further notice, incurs a penalty clause of 10% on the amount due, with a minimum of 150 € and a late interest of 10%.
Article 12. Nullity and Entirety
The nullity of any provision of the General Conditions shall not affect the validity of the other provisions of the General Conditions and shall not result in the nullity of the General Conditions.
Article 13. Governing laws and jurisdiction
In case of dispute, the courts of the Liège district shall have exclusive jurisdiction, including in the case of an emergency application. Belgian law shall be applied.
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This Terms and Condition was last updated on January 19th, 2023.